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2002 Supreme(Pat) 1293

RADHA MOHAN PRASAD
Radha Jha – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. As prayed learned counsel for the petitioner is permitted to add Agriculture Production Commissioner as Respondent no. 1 with the nomenclature The State of Bihar, through Agriculture Production Commissioner, Government of Bihar, Patna.

2. In this writ petition, petitioner who is widow of the deceased Government servant, late Uma Kant Jha, has sought for direction to the Respondent-authorities for payment of gratuity payable after the death of her husband in harness on 3.3.1998 with statutory interest at market rate.

3. Petitioners husband was appointed by the Respondent-authorities as far back as on 12.12.1980 and died on 3.3.1998 while working as Agriculture Inspector; Kishanganj. When despite request and making representation, payment of gratutity amount was not made,. the petitioner was compelled to file this writ application.

4. A counter affidavit was filed on behalf of the Respondents, in which it is stated that the petitioner has been sanctioned full pension and gratuity vide order no. 429 dated 12.2.2002 (Annexure-A). Further, it is vaguely stated that reason for delay in issuance of the order was that it was reported that there were outstanding dues against the













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